Immigration law in the United States generally includes the rights and obligations of persons who are not U.S. citizens to temporarily visit or more permanently reside in the U.S.—and for federal and state governments to enforce immigration laws regarding visitors and residents.
Most immigration law consists of federal statutes and regulations—but many state laws impact both legal and illegal immigrants—including employment checks, E-Verify, law enforcement, driver's license requirements, public benefits restrictions, and more.
In New Jersey, as in all states, immigration law is primarily governed by federal statutes and regulations, as the authority to regulate immigration is a federal power. This includes laws on who can enter the U.S., how long they can stay, and the process for obtaining various types of visas or permanent residency. New Jersey state laws may impact immigrants in several ways. For example, New Jersey allows undocumented immigrants to obtain a driver's license or a state ID. The state also limits local law enforcement's cooperation with federal immigration authorities, creating a more immigrant-friendly environment compared to some other states. Employment verification in New Jersey is subject to federal law, which includes the use of the E-Verify system for certain employers. Additionally, New Jersey provides access to some public benefits for immigrants, including those without legal status, and has enacted legislation to offer financial aid for higher education to eligible undocumented students. It's important to note that while state laws can provide additional rights or impose certain restrictions, they cannot contradict federal immigration laws.